Document 1 - Hallandale Beach

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EXHIBIT 1
RESOLUTION NO. 2014 - 15
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
HALLANDALE BEACH, FLORIDA, DECLARING PUBLIC PURPOSE AND
NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO A CERTAIN PARCEL OF
PROPERTY
(“ELIJAH
ALFORD
ESTATE”,MORE
PARTICULARLY
DESCRIBED HEREIN AND LOCATED ON NW 9TH STREET), FOR THE
REDEVELOPMENT OF OB JOHNSON PARK AND THE CITY’S HUMAN
SERVICE BUILDING THE HEPBURN CENTER; AUTHORIZING THE CITY
ATTORNEY TO ACQUIRE SAID PARCEL THROUGH EMINENT DOMAIN
(QUICK TAKE PROCEDURES); PROVIDING CITY MANAGER AND CITY
ATTORNEY WITH THE AUTHORITY TO RETAIN OUTSIDE EMINENT DOMAIN
COUNSEL, REAL ESTATE APPRAISAL CONSULTANTS AND TO DO ALL
THINGS PERTINENT TO EFFECTUATE THE TERMS OF THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Hallandale Beach (“City”), has undertaken an assessment of its
public park facilities and developed a Master Parks Plan; and
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WHEREAS, the objective of the Master Parks Plan is to enhance all the public parks in
the City by providing more amenities for the use of City residents and visitors; and
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WHEREAS, the City has considered studies, which have shown that access to public
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parks and recreational facilities aids in the control of obesity, diminishes the risk of disease and
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increases the life expectancy of the men, women and children who are residents of the City; and
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WHEREAS, public municipal parks also provide building and strengthening community
ties as well as fostering cohesive relationship among the City’s diverse populations; and
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WHEREAS, for the past several decades, the City has operated its Human Services
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programs out of the Austin Hepburn Center, a public facility built in 1972 and encompassing
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approximately thirteen thousand one hundred fifty (13,150) square feet of space, which has
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passed its useful life and is approximately thirteen thousand one hundred and fifty square feet;
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and
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WHEREAS, the City’s programs and services that are currently offered to residents
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exceed the capacity and functionality of the Austin Hepburn Center, inasmuch as said facility is
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in need of substantial renovations and repair which surpass the City’s budget for capital
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improvements, and further there is a lack of storage area available, all of which has resulted in
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the City being unable to obtain a requisite Child Care certification due to the restrictions of the
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said facility’s space and the prohibitive costs associated with redeveloping a stand-alone public
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facility; and
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WHEREAS, the City has alternatively studied and considered the public health and safety
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benefits and also performed an analysis of the costs to combine the Austin Hepburn Center and
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the OB Johnson Park by building a single intergenerational center and has concluded that the
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integration of both public municipal facilities would (a) lead to greater operational efficiencies due
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to the shared uses; (b) generate savings on the design and construction costs, and (c) produce
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more energy efficiencies and no negative environmental liabilities or impacts associated with the
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land acquisition and project development costs, and (d) enable the City to obtain the required
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certification as a Child Care Facility; and
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WHEREAS, on November 5, 2014, the City Commission considered and voted its
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approval of a joint, integrated redeveloped OB Johnson and the Austin Hepburn Center and
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further authorized the City Manager and City Attorney to aggressively pursue the acquisition of
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the three (3) privately owned parcels of land located immediately adjacent to the current OB
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Johnson Park for specific purpose of designing and constructing a forty-two thousand (42,000)
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square foot municipal Intergenerational Center, which will contain indoor basketball gym seating
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for two hundred and fifty (250) persons; a Teen Center and recording studio; weight/exercise
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room; shared computer room and other public amenities; and
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WHEREAS, the City Commission finds that the land parcel owned by Elijah Alford Estate,
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Folio number 514221340180, is one (1) of three (3) privately owned parcels which is necessary
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for assemblage with the other adjacent, City-owned parcels for the purpose of constructing the
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municipal intergenerational center and redeveloping OB Johnson Park; and further finds that the
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acquisition of the fee simple interest in the land parcel owned by Elijah Alford Estate, serves a
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valid municipal purpose, that is, the construction, development and operation of a new municipal
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intergenerational center and the City’s OB Johnson Park; and
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WHEREAS, the City has caused the land parcel owned by Elijah Alford Estate, to be
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surveyed and appraised by a State certified real estate appraiser to establish an opinion as to the
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fair market value of said parcel, and further finding that fair market value of the Elijah Alford Estate
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parcel is deemed to be thirty three thousand six hundred ($33,600.00) dollars; and
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WHEREAS, the City Commission has carefully considered numerous other factors
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relevant to necessity of acquiring the Elijah Alford Estate, including the imminent acquisition via
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voluntary purchase and sale transactions of the remaining two (2) privately owned parcels that
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abut the Elijah Alford Estate parcel and which are also immediately adjacent to the OB Johnson
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Parcel;
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environmental factors and mitigation, public safety, and further has requested the allocation of
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certain funding for the acquisition of the subject parcel owned by Elijah Alford Estate; and
the absence of other available alternative site(s), the costs of the public project,
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WHEREAS, the City Commission has located its line and area of construction and intends
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in good faith to construct a public joint intergenerational center and redevelopment of OB Johnson
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Park on the Elijah Alford Estate parcel and the two (2) other privately owned parcels which are
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being acquired via voluntary purchase and sale transactions.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF HALLANDALE BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
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SECTION 2. Description of Property. The City Commission of the City of Hallandale
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Beach hereby authorizes the acquisition of the fee simple title and interest in the Elijah Alford
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Estate parcel, legally described herein as Exhibit “A”, by gift or purchase in accordance with
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Chapter 166, et seq., Florida Statutes, the Municipal Home Rule Powers Act or by the City’s
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condemnation powers, under Chapter 166 and Chapters 73 and 74, F.S. (2013).
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SECTION 3. Finding of Public Purpose and Necessity. The City Commission of the
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City of Hallandale Beach hereby declares that it is necessary to acquire, by negotiated
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conveyance or acquisition via the City’s statutory condemnation powers or, the fee simple title
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and interest to the Elijah Alford Estate parcel, legally described in Exhibit “A”, to be assembled
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with other City-owned parcels for the construction and development of a public joint
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intergenerational center and redevelopment of OB Johnson Park. The City Commission further
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declares that acquisition of the Elijah Alford Estate parcel, legally described in Exhibit “A”, serves
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a municipal purpose and is necessary for public safety, health and welfare of the City.
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SECTION 4. Authority of the City Manager and City Attorney. The City Manager and
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City Attorney and all others acting on their behalf are authorized to contract with real estate
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appraisers, engineers, title examiners, legal counsel and other consultants in connection with the
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acquisition and conveyance of the Elijah Alford Estate parcel, by and to the City and to do all
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things necessary to effectuate this resolution including the instituting of eminent domain
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proceedings.
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SECTION 5. Severability. If any section, subsection, clause or portion of this Resolution
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is, of any reason, held invalid or unconstitutional by any court of competent jurisdiction, such
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portion shall be deemed separate, distinct, provision and such holding shall not affect the validity
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of the Resolution of any part.
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SECTION 6.
Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED and ADOPTED this ____ day of January, 2015.
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____________________________
JOY F. COOPER
MAYOR
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SPONSORED BY: CITY ADMINISTRATION
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ATTEST:
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____________________________________
SHEENA JAMES, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
FORM
____________________________________
V. LYNN WHITFIELD
CITY ATTORNEY
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EXHIBIT “A”
Gloria Foster Parcel
GEO M PHIPPENS SUB IN 22-51-42 B-145 D LOT 2, 4 BLK B,
More or less 14,400 S/F
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